Appeals Court Blocks Suit Against Marilyn Mosby

Credit: Associated Press
State's Attorney Marilyn Mosby announces charges against six Baltimore police officers at a news conference outside the Baltimore War Memorial in 2015, days after Freddie Gray's death/

A federal appeals court on Monday blocked a lawsuit against Baltimore’s top prosecutor filed by five police officers who say she maliciously investigated and charged them in the death of a black man who suffered a fatal spinal injury in custody.

The Richmond, Virginia-based 4th U.S. Circuit Court of Appeals overturned a ruling by a lower court judge, court records show. That judge had allowed key parts of the lawsuit against Baltimore State’s Attorney Marilyn Mosby to go forward.

“I support the court's opinion that the people of Baltimore elected me to deliver one standard of justice for all, and that using the legal system to reach a fair and just resolution to Gray’s death was not a political move, but rather it was my duty," Mosby said in a statement.

A fed appeals court blocks lawsuit by 5 officers charged in the police in custody death of Freddie Gray. “We resoundly reject the invitation to cast aside decades of Supreme Court and Circuit Court precedent to narrow the immunity that prosecutors enjoy. “ pic.twitter.com/f3ywevbbkk

Fed Appeals Court Mosby lawsuit” the officers asked us to create a new rule that participation in an investigation deprives a prosecutor subsequent acts of absolute absolute immunity, we balk at the proposition.” pic.twitter.com/WkeNIlCArL

Mosby’s lawyers argued that as a prosecutor, she has immunity from the lawsuit.

The officers’ lawyers argued Mosby did not have enough evidence, but charged them anyway to ease public unrest. They also allege she omitted key information about a witness who said Gray was banging his head against a wall of the van.

The U.S. Justice Department declined to bring federal civil rights charges against the six officers — three white and three black — meaning no individual was held criminally responsible for Gray’s death. The van driver and the highest-ranking officer in Gray’s arrest also were cleared of any administrative wrongdoing by a police panel. Police Commissioner Kevin Davis subsequently decided to scrap a final trial board against another police supervisor.

An attorney for the police officers immediately responded to emails and telephone calls seeking comment.